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Canada-Korea Free Trade Agreement

Chapter Six: Standards-Related Measures

Article 6.1: Scope and Coverage

1. Except as provided in paragraph 2, this Chapter applies to all standards-related measures that may affect trade in goods between the Parties.

2. This Chapter does not apply to:

Article 6.2: Extent of Obligations

1. Article 1.4 (Extent of Obligations) does not apply to this Chapter. This Chapter applies only to national governments unless otherwise specified.

2. Each Party shall provide information to sub-nationalFootnote 1 and local governments and authorities to encourage their adherence to this Chapter, as appropriate.

Article 6.3: Affirmation of the WTO Agreement on Technical Barriers to Trade and Other International Agreements

Further to Article 1.2 (Relation to Other Agreements):

Article 6.4: Cooperation

1. The Parties shall strengthen their cooperation in the field of standards-related measures with a view to increasing the mutual understanding of their respective systems and facilitating access to their respective markets.

2. The Parties shall mutually identify trade facilitating bilateral initiatives regarding standards-related measures that are appropriate for particular issues or sectors, taking into consideration the respective Parties’ experience in other regional and multilateral agreements or arrangements of which both Parties are party or member.

3. Further to paragraphs 1 and 2, the Parties shall cooperate, in particular, by:

4. If a Party declines a request from the other Party to engage in negotiations on an agreement for facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies in the other Party’s territory, it shall explain, at the request of the other Party, the reasons for its decision.

5. In accordance with Articles 2.4 and 5.4 of the TBT Agreement, as incorporated into this Agreement, each Party shall use relevant international standards as a basis for its technical regulations and conformity assessment procedures.

6. The Parties shall, within the context of this Article, expeditiously broaden the exchange of information and give favourable consideration to any written request for discussion.

Article 6.5: Cooperation in Sector-Specific Initiatives

1. Each Party shall take all appropriate measures as may be available to it to ensure that sub-national and local governments comply with this Article, as appropriate.

2. The Parties shall cooperate in sector-specific initiatives, including by:

Article 6.6: Transparency

1. When a Party notifies WTO Members of a proposed technical regulation or conformity assessment procedure under the TBT Agreement, it shall transmit electronically, at the same time, the proposed technical regulation or conformity assessment procedure to the other Party.

2. On request, each Party shall promptly provide the other Party with the regulatory impact analysis statement for the technical regulation that the Party has adopted or is proposing to adopt, provided that it is publicly available.

3. Each Party shall ensure that transparency procedures regarding the development of technical regulations and conformity assessment procedures allow interested parties to participate at an early appropriate stage, when amendments can still be introduced and comments taken into account, except if urgent problems of safety, health, environmental protection, or national security arise or threaten to arise. If consultations respecting the development of technical regulations and conformity assessment procedures are open to the public, each Party shall permit persons of the other Party to participate on terms no less favourable than those accorded to its own persons.

4.Each Party shall recommend that non-governmental bodies in its territory observe paragraph 3 in the consultation process for the development of standards and voluntary conformity assessment procedures.

5. Each Party shall allow a period of at least 60 days for the public and the other Party to provide written comments on proposed standards-related measures, except if urgent problems of safety, health, environmental protection, or national security arise or threaten to arise.

6. For the purposes of paragraphs 1, 2 and 5, a Party may transmit its proposed technical regulations and conformity assessment procedures, their impact analysis statements for the technical regulation, and comments on proposed standards-related measures of the other Party to the enquiry point of the other Party established under Article 10 of the TBT Agreement.

7. When appropriate, each Party shall publish or otherwise make available to the public, in print or electronically, its responses, or a summary of its responses, to significant comments it receives no later than the date it publishes the final technical regulation or conformity assessment procedure.

Article 6.7: Automotive Standards-Related Measures

1. A Party shall allow on its market automotive goods originating in the other Party pursuant to the provisions of this Article.

Safety Standards Incorporation or Equivalence

2. Korea shall accept as complying with the corresponding Korea Motor Vehicle Safety Standards (hereinafter referred to as “KMVSS”Footnote 2), as amended, automotive goods originating in Canada that comply with:

If Korea incorporates any additional FMVSS, UN regulations, or other standards or regulations into its domestic law or otherwise accepts any such additional standards or regulations as equivalent to KMVSS, it shall also accept as complying with the corresponding KMVSS automotive goods of Canada that comply with these standards or regulations, as they are incorporated into, including any adaptations, or deemed equivalent to, its domestic law.

3. Canada shall accept as complying with the corresponding Canadian Motor Vehicle Safety Standards (hereinafter referred to as “CMVSS”Footnote 5), as amended, automotive goods originating in Korea that comply with:

If Canada incorporates any additional FMVSS, UN regulations, or other standards or regulations into its domestic law or otherwise accepts any such additional standards or regulations as equivalent to CMVSS, it shall also accept as complying with the corresponding CMVSS automotive goods of Korea that comply with these standards or regulations, as they are incorporated into, including any adaptations, or deemed equivalent to, its domestic law.

4. Notwithstanding compliance with the standards or regulations referred to in paragraphs 2 and 3, each Party may:

5. If a Party modifies its domestic law pursuant to paragraph 4(d), the Party shall notify the other Party of the modification. Without prejudice to paragraph 4(d), if such modification renders inappropriate the continued incorporation into, or otherwise acceptance as equivalent to, its domestic law of the standards and regulations covered by paragraphs 2 and 3, the Parties may decide to amend accordingly the relevant provisions of this Agreement upon consideration by the Commission.

Compliance Testing

6. Each Party shall promptly communicate to the concerned manufacturer or importer a decision taken on compliance testing if the manufacturer or importer is deemed by competent national authorities not to be in compliance with relevant laws or regulations, as well as the basis for any such decision and information on available legal remedies.

7. The Parties agree to use relevant Global Technical Regulations, or other guides or recommendations issued by international standardising bodies (hereinafter collectively referred to as “guides or recommendations”), or relevant parts of them, if they exist, as a basis for compliance testing procedures on automotive goods, except if such guides or recommendations are inappropriate for the Party concerned for reasons covered by Article 5.4 of the TBT Agreement and duly explained upon request of the other PartyFootnote 6. If a Party proposes to apply a compliance testing procedure that is not based on relevant guides or recommendations, it shall publish in advance the procedure it proposes to adopt, and provide interested persons a reasonable opportunity to comment.

New Technologies

8. A Party shall not prevent or unduly delay the placing on its market of an automotive good on the ground that the good incorporates a new technology or a new feature which has not yet been regulated unless the Party demonstrates, at the request of the other Party, based on scientific or technical information, that this new technology or new feature creates a risk for human health, safety, or the environment.

9. If a Party decides to refuse the placing on its market or require the withdrawal from its market of an automotive good on the ground that the good incorporates a new technology or a new feature creating a risk for human health, safety, or the environment, the Party shall immediately notify the other Party and the importer of the good of its decision. The notification shall include all relevant scientific or technical information.

Cooperation

10. The Parties shall endeavour to promote cooperation on automotive goods issues under discussion in the World Forum for Harmonization of Vehicle Regulations (WP.29) within the framework of the United Nations Economic Commission for Europe (UNECE), or its successor.

Article 6.8: Committee on Standards-Related Measures

1. The Parties hereby establish a Committee on Standards-Related Measures, composed of trade and relevant regulatory officials, as set out in Annex 6-C.

2. The functions of the Committee include:

3. The Committee shall meet at least once a year unless the Parties otherwise agree.

Article 6.9: Definitions

For the purposes of this Chapter:
automotive good means all forms of motor vehicles, systems, and parts thereof falling under Chapters 40, 84, 85, 87, and 94 of the Harmonized System (HS), except the following goods:

Good Regulatory Practices means Good Regulatory Practices as defined by the OECD Guiding Principles for Regulatory Performance (2005); and standards-related measures means standards, technical regulations, and conformity assessment procedures as defined by the TBT Agreement.

Annex 6-A

List referred to in Article 6.7.2(a)Footnote 7
SubjectFMVSS, and other standards or regulationsCorresponding KMVSS
Occupant crash protectionFrontalFMVSS 208KMVSS Article 102 para. 1, 3
SideFMVSS 214KMVSS Article 102 para. 1
Steering control rearward displacementFMVSS 214KMVSS Article 89 para. 1 item 2
Fuel leakage in collisionFMVSS 301KMVSS Article 91 para. 1
Windshield mountingFMVSS 212KMVSS Article 105 para. 2 items 1, 2
Windshield zone intrusionFMVSS 219KMVSS Article 105 para. 2 item 3
Seating systemsFMVSS 207KMVSS Article 97
Head restraintsFMVSS 202aKMVSS Articles 26, 99
Door locks and door retention componentsFMVSS 206KMVSS Article 104 para. 2
Occupant protection in interior impact (instrument panel, seat back, armrest, sun visor)FMVSS 201KMVSS Articles 88, 98, 100, 101
Bumper impact49 CFR Part 581KMVSS Article 93
Inside rear view mirror impactFMVSS 111KMVSS Article 108
Impact protection for the driver from the steering control systemFMVSS 203KMVSS Article 89 para. 1 item 1
Side door strengthFMVSS 214KMVSS Article 104 para. 1
Roof crush resistanceFMVSS 216aKMVSS Article 92
Seat belt assembly anchoragesFMVSS 210KMVSS Article 27 para. 1, 2, Article 103 para. 1, 2, 3
Lighting and signalling systemInstallationFMVSS 108KMVSS Articles 38, 39, 40, 41, 42, 43, 44, 45, 47
Head lampFMVSS 108Footnote 8KMVSS Article 38, Article 48 para. 3, Article 106 item 1
Fog LampFootnote 9,Footnote 10SAE J583 (September 2005 Edition) and SAE J1319 (May 2005 Edition), or subsequent amendments to those standardsKMVSS Article 38-2, Article 106 item 2
Backup lampFMVSS 108KMVSS Article 39, Article 106 item 3
Clearance lampFMVSS 108KMVSS Article 40, Article 106 item 4
Registration plate LampFMVSS 108KMVSS Article 41, Article 106 item 5
Tail lampFMVSS 108KMVSS Article 42, Article 106 item 6
Stop lampFMVSS 108KMVSS Article 43 para. 1, Article 106 item 7
Center high mounted stop lampFMVSS 108KMVSS Article 43 para. 2, 3, Article 106 item 8
Turn signalFMVSS 108Footnote 11KMVSS Article 44, Article 106 item 9
Auxiliary turn signalFMVSS 108KMVSS Article 44, Article 106 item 10
Signal lamp of bus transporting childrenFMVSS 108KMVSS Article 48 para. 4, Article 106 item 11
Driver’s visibilityFMVSS 111KMVSS Article 50 para. 1, 2, Article 94 para. 1
Engine powerISO 1585Footnote 12KMVSS Article 38, Article 48 para. 3, Article 106 item 1
Device for securing driver’s visibilityWindshield wiping systemFMVSS 104KMVSS Article 51 para. 2, Article 109 item 1
Defrosting systemFMVSS 103KMVSS Article 109 item 2
Defogging systemFMVSS 103KMVSS Article 109 item 3
Windshield washing systemFMVSS 104KMVSS Article 109 item 4
Accelerator controlFMVSS 124KMVSS Article 87
Fuel economy40 CFR Part 600KMVSS Article 111-4 para 1, para 2 item 1
Passenger car brakeFMVSS 135KMVSS Article 15 para 1, 3, 8, Article 90 item 1
Rapid loss of inflation pressureFMVSS 110KMVSS Article 88-2
Flammability of interior materialsFMVSS 302KMVSS Article 95
Interior compartment doorFMVSS 201KMVSS Article 111-3

Annex 6-B

Table 1 - List referred to in Article 6.7.3(a)Footnote 13,Footnote 14
SubjectFMVSS, and other standards or regulationsCorresponding CMVSS
Controls and DisplaysFMVSS 101CMVSS 101
Windshield Defrost and DefogFMVSS 103CMVSS 103
Windshield Wiping and WashFMVSS 104CMVSS 104
Hydraulic and Electric Brake SystemsFMVSS 105CMVSS 105
Brake HosesFMVSS 106CMVSS 106
Lighting System and Retro-reflective devicesFMVSS 108CMVSS 108
Passenger Car TiresFMVSS 109CMVSS 109
Tire Selection and RimsFMVSS 110CMVSS 110
Hood Latch SystemsFMVSS 113CMVSS 113
Theft Protection and Rollaway preventionFMVSS 114CMVSS 114
Vehicle Identification Number49CFR565CMVSS 115
Motor Vehicle Brake FluidsFMVSS 116CMVSS 116
Power-operated Windows, Partition and Roof Panel SystemsFMVSS 118CMVSS 118
Certain Tires, other than Passenger Car TiresFMVSS 119CMVSS 119
Tire Selection and Rims for Vehicles other than Passenger CarsFMVSS 120CMVSS 120
Air Brake SystemsFMVSS 121CMVSS 121
Motorcycle Brake SystemsFMVSS 122CMVSS 122
Motorcycle Controls and DisplaysFMVSS 123CMVSS 123
Accelerator Control SystemsFMVSS 124CMVSS 124
Electronic Stability ControlFMVSS 126CMVSS 126
School Bus Pedestrian Safety DevicesFMVSS 131CMVSS 131
Light Vehicle Brake SystemsFMVSS 135CMVSS 135
New Radial Ply Tires for Light VehiclesFMVSS 139CMVSS 139
Occupant ProtectionFMVSS 201CMVSS 201
Head RestraintsFMVSS 202CMVSS 202
Driver Impact ProtectionFMVSS 203CMVSS 203
Steering Column Rearward DisplacementFMVSS 204CMVSS 204
Glazing MaterialsFMVSS 205CMVSS 205
Door Locks and Door Retention ComponentsFMVSS 206CMVSS 206
Anchorage of SeatsFMVSS 207CMVSS 207
Occupant Protection Frontal ImpactFMVSS 208CMVSS 208
Seat Belt AssembliesFMVSS 209CMVSS 209
Windshield MountingFMVSS 212CMVSS 212
Bumpers (Passenger Cars)49CFR581CMVSS 215
Roof Crush ResistanceFMVSS 216CMVSS 216
Windshield Zone IntrusionFMVSS 219CMVSS 219
Rollover ProtectionFMVSS 220CMVSS 220
Fuel System IntegrityFMVSS 301CMVSS 301
Flammability of Interior MaterialsFMVSS 302CMVSS 302
Electrolyte Spillage and Electrical Shock ProtectionFMVSS 305CMVSS 305
Interior Trunk ReleaseFMVSS 401CMVSS 401
Low Speed VehiclesFMVSS 500CMVSS 500
Table 2 - List referred to in Article 6.7.3(b)Footnote 15
SubjectUN RegulationsCorresponding CMVSS
HeadlampsUN-R 98CMVSS 108
HeadlampsUN-R 112CMVSS 108
HeadlampsUN-R 113CMVSS 108
Passenger vehicle noiseUN-R 51CMVSS 1106
Motorcycle noiseUN-R 41CMVSS 1106
Door latches and door retention componentsUN-R 11CMVSS 206
ImmobilizerUN-R 116 (immobilizer only)CMVSS 114
Front and rear protective devices (Bumpers)UN-R 42CMVSS 215
Motorcycle brakesUN-R 78CMVSS 122
HeadlampsUN-R 8CMVSS 108
HeadlampsUN-R 20CMVSS 108
HeadlampsUN-R 31CMVSS 108
Motorcycle HeadlampsUN-R 57CMVSS 108
Motorcycle HeadlampsUN-R 72CMVSS 108

Annex 6-C

Committee on Standards-Related Measures

The Committee on Standards-Related Measures shall be coordinated by:

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